HB 97

1
A bill to be entitled
2An act relating to health insurance; creating s.
3627.64995, F.S.; prohibiting the use of state or federal
4funds to provide coverage for abortions in an exchange
5created pursuant to federal law; specifying conditions
6under which a health insurance policy or group health
7insurance policy is deemed to be purchased with state or
8federal funds; providing exceptions; providing a
9definition; creating s. 641.31099, F.S.; prohibiting the
10use of state or federal funds to provide coverage for
11abortions in an exchange created pursuant to federal law;
12specifying conditions under which a health maintenance
13contract is deemed to provide coverage purchased with
14state or federal funds; providing exceptions; providing a
15definition; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 627.64995, Florida Statutes, is created
20to read:
21     627.64995  Restrictions on use of funds for state
22exchanges.-
23     (1)  A health insurance policy or group health insurance
24policy purchased in whole or in part with state or federal funds
25through an exchange created pursuant to the federal Patient
26Protection and Affordable Care Act may not provide coverage for
27an abortion as defined in s. 390.011(1). A policy shall be
28deemed to be purchased with state or federal funds if it is a
29policy toward which any tax credit or cost-sharing credit is
30applied.
31     (2)  This section does not prohibit coverage for an
32abortion that is performed to save the life or physical health
33of the mother or when the pregnancy resulted from an act of rape
34or incest.
35     (3)  This section may not be construed to prevent a health
36insurance plan or group health insurance plan from providing any
37private person or entity with separate coverage for abortions,
38provided such coverage is not purchased, in whole or in part,
39with state or federal funds.
40     (4)  For purposes of this section, the term "state" means
41the State of Florida or any of its political subdivisions.
42     Section 2.  Section 641.31099, Florida Statutes, is created
43to read:
44     641.31099  Restrictions on use of funds for state
45exchanges.-
46     (1)  A health maintenance contract under which coverage is
47purchased in whole or in part with state or federal funds
48through an exchange created pursuant to the federal Patient
49Protection and Affordable Care Act may not provide coverage for
50an abortion as defined in s. 390.011(1). Coverage under a health
51maintenance contract shall be deemed to be purchased with state
52or federal funds if the coverage is provided under a contract
53toward which any tax credit or cost-sharing credit is applied.
54     (2)  This section does not prohibit coverage for an
55abortion that is performed to save the life or physical health
56of the mother or when the pregnancy resulted from an act of rape
57or incest.
58     (3)  This section may not be construed to prevent a health
59maintenance contract from providing any private person or entity
60with separate coverage for abortions, provided such coverage is
61not purchased, in whole or in part, with state or federal funds.
62     (4)  For purposes of this section, the term "state" means
63the State of Florida or any of its political subdivisions.
64     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.